(File photo/ paNOW Staff)

By Nigel Maxwell

Charter rights

Flag debate heads to Court of Appeal

Jan 8, 2020 | 5:00 PM

A controversial flag depicting a cartoon fetus will be the focus of discussion during a court hearing next week in Saskatoon.

The Saskatchewan Court of Appeal has agreed to hear from lawyers representing both the Prince Albert Right to Life Association (PARLA) and the City of Prince Albert. The hearing is scheduled for Jan. 22.

Although discussions around the flag date back to 2007, it was not until May 2017 when the city ultimately declined to fly the group’s flag following some public backlash. At a trial last June, an application for a judicial review was dismissed, but the group was still awarded $6,000 for legal costs.

The trial judge determined the city did not follow its own flag policy or proceeded in a procedurally fair manner, and had not provided any “intelligible or transparent reasons” why it would not fly the flag.

The trial judge also concluded because the city no longer had a policy to fly flags, there was no point including that aspect in the decision. But PARLA is still seeking a declaration the city unreasonably violated the Charter’s freedom of expression. For an article published the following month, lawyer Gordon Kirkby explained why the group wanted more.

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“It is our view that it is important that the court say that yes in this case. The charter rights were violated, even though there might not be the remedy of flying the flag,” he said. “This may not be so important in this case but this case has precedential value and we would be concerned about implications in other situations,” he said.

For its part, the city has filed its own appeal with regard to the cost order against them and the factual findings of the lower court.

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nigel.maxwell@jpbg.ca

On Twitter: @nigelmaxwell